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pursuant to the terms and conditions of a Water Court decree or when <br />downstream sources cannot be stored by exchange in the Offset Account <br />because no exchange potential exists to allow upstream storage. The <br />Keesee and Highland water rights will be used primarily to replace <br />depletions to usable Stateline flow, but may be used to replace depletions <br />to senior surface water rights in Colorado and shall not be used to make <br />physical deliveries to Kansas outside of the Offset Account except as <br />provided in paragraph 2.a and b. Accordingly, to the extent Keesee and/or <br />Highland water rights are not needed to replace depletions to usable <br />Stateline flow, LAWMA shall not be required to deliver these water rights <br />to the Offset Account. Should LAWMA receive ARCA approval to allow <br />the Keesee water rights to be delivered to the Permanent Pool, that portion <br />of the Keesee water rights delivered to the Permanent Pool would be <br />exempt from this agreement during those times. <br />Replacement for depletions below the Buffalo Canal headgate during April— October and <br />replacement for depletions downstream of John Martin Reservoir during November - March, to <br />the extent not generated by direct flow sources, or portions of direct flow sources, specifically <br />approved by the LAWMA Decree or replacements generated by the Sisson water right operated <br />in a manner consistent with the Stubbs portion of the LAWMA decree, shall be delivered to the <br />Offset Account, subject to the conditions stated above. <br />3. Presumptive stream depletion percentage. <br />The Colorado State Engineer and the Division Engineer for Water Division 2 will <br />determine stream depletions for plans required by Rules 3 and 4, except for well users subject to <br />3 <br />